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These Terms of Service ("Terms") govern your access to and use of the MogPost platform, including all products, services and features (collectively, the "Services") provided by provided by MogPost LTD ("MogPost", "we", "us" or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
No one under the age of 13 years old is allowed to use or access these Services. We may offer additional Services that require you to be older to use them, so please read all notices and any additional terms carefully when you access these Services.
By using the Services, you state that:
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to the above terms and conditions.
Our Privacy Policy explains how we collect, use, and share your personal data. By using the Services, you acknowledge and consent to the processing of your data in accordance with the Privacy Policy.
Subject to your ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to:
You must not
We reserve the right to modify, suspend or discontinue any aspect of the Services at any time without liability.
We may tailor your experience based on your activity, preferences, or settings and may occasionally request feedback to improve our Services.
To use certain features of our Services, you may be required to create a MogPost account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account. We recommend that you use a strong password that is used only with your Account.
You will not licence, sell, or transfer your Account without our prior written approval.
The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of your content.
By submitting your content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to your content contained within these Terms. Because you alone are responsible for your content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in your content, but you grant MogPost the following licence to use that Content:
When your content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicencable licence to Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
Any ideas, suggestions, and feedback about MogPost or our Services that you provide to us are entirely voluntary, and you agree that MostPost may use such ideas, suggestions, and feedback without compensation or obligation to you.
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require MogPost to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.
You must remove your content if you no longer have the rights required by these terms.
Although we have no obligation to screen, edit, or monitor your content, we may, in our sole discretion, delete, deem your content ineligible for monetisation, or remove your content, at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for us.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including your content.
f you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the promotion (such as licences, registrations, bonds, and regulatory approval). Your promotion must state that the promotion is not sponsored by, endorsed by, or associated with MogPost, and the rules for your promotion must require each entrant or participant to release MogPost from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your promotion at your own risk.
When using or accessing the Services, you must comply with these Terms and all applicable laws, rules, and regulations.
We encourage you to report content or conduct that you believe violates these Terms.
MogPost respects the intellectual property rights of others and expects users of our Services to do the same. We have a policy in place to promptly remove any content that infringes copyright or trademark rights and, where appropriate, to suspend or terminate the accounts of repeat infringers.
If you believe that any content on our Services infringes your copyright or trademark rights, please notify us by providing clear and complete information as required under the Copyright, Designs and Patents Act 1988. This will enable us to investigate and take appropriate action.
Please be aware that knowingly making false or misleading claims of infringement may result in liability for any damages suffered by MogPost.
If we remove your content in response to a valid infringement notification, we will inform you via the contact details linked to your account. If you believe your content has been removed in error, you may submit a counter-notification with relevant information to request reinstatement.
The Services are owned and operated by MogPost. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by MogPost are protected by intellectual property and other laws. All materials included in the services are the property of MogPost or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading materials or by purchasing paid services. Except as expressly authorised by MogPost, you may not make use of the materials. MogPost reserves all rights to the materials not granted expressly in these Terms.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold MogPost, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “MogPost Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your content. We reserve the right to control the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The services are provided “as is” and “as available” without representations, warranties, or conditions of any kind, whether express, implied, legal, or statutory, including implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Mogpost entities do not warrant that the services are accurate, complete, reliable, current, or error free. Mogpost does not control, endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user. While Mogpost attempts to make your access to and use of our services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components.
In no event will any of the Mogpost entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms or the services, including those arising from or relating to content made available on the services that is alleged to be defamatory, offensive, or illegal. access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or resulting loss of data. In no event will the aggregate liability of the Mogpost entities exceed the greater of one hundred British pounds (£100) or any amount you paid Mogpost in the previous six months for the services giving rise to the claim. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort, negligence, strict liability, or otherwise, even if the Mogpost entities have been advised of the possibility of any such damage, and even if any remedy set forth in these terms is found to have failed its essential purpose.
At MogPost, we want to ensure you have a positive experience using our Services. If you ever have any issues or disagreements related to your use of the Services or these Terms, we encourage you to reach out to us first and try to resolve the matter informally through open communication. This approach helps both parties avoid unnecessary legal proceedings and find a fair resolution quickly.
However, if we are unable to resolve the dispute informally, you agree that any legal claims or disputes that arise out of or are related to these Terms of Service or your use of the Services will be governed by the laws of the United Kingdom of Great Britain and Northern Ireland. This means that UK law will apply to interpret and enforce these Terms, regardless of any conflicting laws that might otherwise apply from other jurisdictions.
Furthermore, you agree that all disputes must be resolved exclusively in the courts located in the UK. By using the Services, you and MogPost both consent to the jurisdiction of these courts, which means you agree that legal proceedings related to the Services or Terms will take place there. You also consent to the personal jurisdiction of these courts, meaning you accept their authority over you for such matters.
This arrangement provides clarity and predictability for both you and MogPost regarding which legal rules apply and where any disputes will be handled.
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services and remove any Content.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity. To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms.
The following sections will survive any termination of these Terms or of your Account: (your content), (Things You Cannot Do), (Indemnity), (Disclaimers and Limitation of Liability), (Governing Law and Venue), (Termination), and (Miscellaneous).
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
Headings are used in these Terms for reference only and will not be considered when interpreting them. For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language. These Terms are a legally-binding agreement between you and MogPost.